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Equifax used records it collects from companies to fire employees with 2nd jobs

businessinsider.com

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Re: Equifax used records it collects from companies to fire employees with 2nd jobs

#71

Post by hervature »

thaumasiotes wrote: post #54
gumby wrote: post #50

Earlier quoted context omitted.

The US tax authority (IRS) has a similar set of rules; if you can set your hours and working conditions and have your own equipment or tools it justifies not being an employee. There are of course important corner conditions like hiring a contractor who operates some machine you own. In general, though some people prefer to be contractors, these rules are in place because some employers try to classify de facto emplo…

> if you can set your hours and working conditions and have your own equipment or tools it justifies not being an employee. There are of course important corner conditions like hiring a contractor who operates some machine you own. Note that security guards can be structured as contractors despite obviously not being able to choose where or when they work. There's a big list of things that "weigh in favor" of one sta…

I think guards are a bit different. Don’t companies usually contract a security company and they hire employees (or get contractors who might work for multiple companies)? Those companies are free to choose which gigs they want.

Re: Equifax used records it collects from companies to fire employees with 2nd jobs

#74

Post by Rebelgecko »

betaby wrote: post #46

Of course that is not applicable to 'boards' and 'CxO'. Quick search suggest some of them sitting at at least 2 'boards' or also 'partners' or something. So yeah, rules for thee but not for me.

Boards are usually explicitly not full time. At the previous place I worked, I know from the paperwork we gave the government that the board only worked 2-8 hours a week (and even that might be generous)

Re: Equifax used records it collects from companies to fire employees with 2nd jobs

#75

Post by SllX »

thaumasiotes wrote: post #54
gumby wrote: post #50

Earlier quoted context omitted.

The US tax authority (IRS) has a similar set of rules; if you can set your hours and working conditions and have your own equipment or tools it justifies not being an employee. There are of course important corner conditions like hiring a contractor who operates some machine you own. In general, though some people prefer to be contractors, these rules are in place because some employers try to classify de facto emplo…

> if you can set your hours and working conditions and have your own equipment or tools it justifies not being an employee. There are of course important corner conditions like hiring a contractor who operates some machine you own. Note that security guards can be structured as contractors despite obviously not being able to choose where or when they work. There's a big list of things that "weigh in favor" of one sta…

The guards are still usually W-2 employees; but they’re employees of the firm that’s been contracted. Referring to them as “contractors” is more a colloquialism, but it marks someone that works for an outside firm versus someone that’s in-house and on the company team, even if they work in the same office day in and day out.

Re: Equifax used records it collects from companies to fire employees with 2nd jobs

#76

Post by flutas »

astura wrote: post #67
konaraddi wrote: post #63

Earlier quoted context omitted.

There are at least 2 big problems with this. 1. Does this have any external accountability or oversight? Closest I see is being able view your report but first thing it asks for is an employer instead of asking for information for identifying an individual: https://employees.theworknumber.com/employment-data-report Somewhere out there is an unemployed person being rejected from jobs or not getting interviews because…

>Somewhere out there is an unemployed person being rejected from jobs or not getting interviews because this service is providing an incomplete or erroneous employment history. Relax, you can give them any employer you ever had, not just your current one. To get my record I put in a previous employer who doesn't even exist as a company anymore.

> Relax, you can give them any employer you ever had, not just your current one.

Not if they don't show up at all like mine. (Tried all four of my past jobs and none of them have shown up.)

Re: Equifax used records it collects from companies to fire employees with 2nd jobs

#77

Post by aliqot »

lostcolony wrote: post #66
aliqot wrote: post #62

Earlier quoted context omitted.

That is a good example, thank you. Have you ever overcome this limitation?

You may be able to use a debit card but they'll need to be able to put a large hold on funds. I ran into this years back when I graduated college; I had a credit card, but it was secured, and the amount the rental car agency wanted to put on it, outside of the fees (the actual fees were being paid for by my place of employ as part of my relocation package) was too high to put on the card, and they refused to rent me…

That must have been very frustrating. I hope you ended up getting it sorted out at the time. I can only imagine what must have been doing through your head fresh out of college and relocating for a job. Glad you made it though, and you're right to stick by your guns. Relationships are everything in my community, most deals that can't happen with a handshake don't get far.

Re: Equifax used records it collects from companies to fire employees with 2nd jobs

#78

Post by ghaff »

agotterer wrote: post #68
betaby wrote: post #46

Of course that is not applicable to 'boards' and 'CxO'. Quick search suggest some of them sitting at at least 2 'boards' or also 'partners' or something. So yeah, rules for thee but not for me.

In their defense, board seats are not a full time job. The commitment could be as little as a few hours a month or quarter. “Partner” could also mean quite a few things, such as a partner at a venture firm for example. Which also may not be a full time job. The difference here is that as an employee you commit to provide 40 hours of service to your employer. From the stories I’ve heard of these double jobs, this isn’…

It is true that higher-level employees at companies not uncommonly sit on boards although I assume this is something that high-level employee discusses with their management--and as you say it's typically not a big time committment though can lead to conflicts. And it's not unusual for even individual contributors to be on some unpaid non-profit board but that would generally be out of scope of most employment agreements.

Most CxO positions are full-time although there are, e.g. fractional CFO-type positions for smaller companies.

Re: Equifax used records it collects from companies to fire employees with 2nd jobs

#80

Post by jollofricepeas »

dieselgate wrote: post #42
justinc8687 wrote: post #31

"Equifax flagged 283 contractors for potential 'dual employment,' documents show." Would this not be a big flag to reclassify these contractors as employees? Being able to have multiple clients is one of the factors to determine if you're a contractor...

Good to know. I’m a contractor and am just starting my own business separate from my main contracting role. Was curious what precedent there is for this dynamic Edit: I was under the impression being a contractor would give one flexibility to do whatever they want when they’re not billing hours, depends on the contract wording of course

Word of unsolicited advice:

1. Paying a business attorney in your state upfront for q&a is cheaper than paying them later when things go wrong.

2. Please don’t get your legal advice from HN.

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